H.B. 256

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CRIMINAL PENALTIES AMENDMENTS -

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INCLUDING JESSICA'S LAW

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2008 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Carl Wimmer

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Senate Sponsor:
Howard A. Stephenson

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LONG TITLE
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General Description:
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This bill amends penalty provisions of the Utah Criminal Code.
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Highlighted Provisions:
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This bill:
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. makes it a first degree felony to engage in criminal solicitation to commit, or
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attempt to commit, a felony punishable by imprisonment for life without parole;
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. makes it a first degree felony, punishable by imprisonment for not less than three
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years and which may be for life, to engage in criminal solicitation to commit, or
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attempt to commit, murder, child kidnapping, and certain sexual offenses;
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. makes it a first degree felony, punishable by imprisonment of not less than 15 years
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and which may be for life, to engage in criminal solicitation to commit, or attempt
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to commit, rape of a child, object rape of a child, or sodomy on a child;
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. provides that a court may impose a lesser term of imprisonment than the term of
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imprisonment described in the preceding paragraph if the court finds that a lesser
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term of imprisonment is in the interests of justice and states the reasons for this
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finding on the record;
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. increases the minimum term of imprisonment for rape of a child, object rape of a
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child, or sodomy on a child, to 25 years and which may be for life;
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. removes the authority of a court to impose a lesser sentence than the minimum term

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of imprisonment for rape of a child, object rape of a child, or sodomy on a child; and
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. makes technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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76-4-102, as last amended by Laws of Utah 2002, Chapter 57
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76-4-204, as enacted by Laws of Utah 1990, Chapter 189
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76-5-402.1, as last amended by Laws of Utah 2007, Chapter 339
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76-5-402.3, as last amended by Laws of Utah 2007, Chapter 339
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76-5-403.1, as last amended by Laws of Utah 2007, Chapter 339
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-4-102
is amended to read:
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76-4-102. Attempt -- Classification of offenses.
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(1) Criminal attempt to commit:
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[(1)] (a) a capital felony, or a felony punishable by imprisonment for life without
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parole, is a first degree felony;
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[(2)] (b) except as provided in Subsection (1)(c) or (d), a first degree felony is a second
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degree felony[, except that an attempt to commit];
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(c) any of the following offenses is a first degree felony punishable by imprisonment
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for an indeterminate term of not fewer than three years and which may be for life:
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[(a)] (i) murder, [a violation of] Subsection
76-5-203
(2)(a)[, if the victim or another
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suffers serious bodily injury in the course of the actor's commission of the offense];
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[(b)] (ii) child kidnapping, [a violation of] Section
76-5-301.1
; or
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[(c)] (iii) except as provided in Subsection (1)(d), any of the felonies described in Title
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76, Chapter 5, Part 4, Sexual Offenses, that are first degree felonies;
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(d) except as provided in Subsection (2), any of the following offenses is a first degree
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felony, punishable by a term of imprisonment of not less than 15 years and which may be for

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life:
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(i) rape of a child, Section
76-5-402.1
;
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(ii) object rape of a child, Section
76-5-402.3
; or
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(iii) sodomy on a child, Section
76-5-403.1
;
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[(3)] (e) a second degree felony is a third degree felony;
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[(4)] (f) a third degree felony is a class A misdemeanor;
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[(5)] (g) a class A misdemeanor is a class B misdemeanor;
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[(6)] (h) a class B misdemeanor is a class C misdemeanor; and
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[(7)] (i) a class C misdemeanor is punishable by a penalty not exceeding one half the
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penalty for a class C misdemeanor.
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(2) If, when imposing a sentence under Subsection (1)(d), a court finds that a lesser
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term than the term described in Subsection (1)(d) is in the interests of justice and states the
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reasons for this finding on the record, the court may impose a term of imprisonment of not less
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than:
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(a) ten years and which may be for life;
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(b) six years and which may be for life; or
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(c) three years and which may be for life.
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Section 2.
Section
76-4-204
is amended to read:
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76-4-204. Criminal solicitation -- Penalties.
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(1) Criminal solicitation to commit:
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[(1)] (a) a capital felony, or a felony punishable by imprisonment for life without
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parole, is a first degree felony;
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[(2)] (b) except as provided in Subsection (1)(c) or (d), a first degree felony is a second
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degree felony;
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(c) any of the following offenses is a first degree felony punishable by imprisonment
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for an indeterminate term of not fewer than three years and which may be for life:
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(i) murder, Subsection
76-5-203
(2)(a);
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(ii) child kidnapping, Section
76-5-301.1
; or
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(iii) except as provided in Subsection (1)(d), any of the felonies described in Title 76,
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Chapter 5, Part 4, Sexual Offenses, that are first degree felonies;
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(d) except as provided in Subsection (2), any of the following offenses is a first degree

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felony, punishable by a term of imprisonment of not less than 15 years and which may be for
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life:
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(i) rape of a child, Section
76-5-402.1
;
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(ii) object rape of a child, Section
76-5-402.3
; or
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(iii) sodomy on a child, Section
76-5-403.1
;
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[(3)] (e) a second degree felony is a third degree felony; and
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[(4)] (f) a third degree felony is a class A misdemeanor.
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(2) If, when imposing a sentence under Subsection (1)(d), a court finds that a lesser
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term than the term described in Subsection (1)(d) is in the interests of justice and states the
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reasons for this finding on the record, the court may impose a term of imprisonment of not less
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than:
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(a) ten years and which may be for life;
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(b) six years and which may be for life; or
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(c) three years and which may be for life.
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Section 3.
Section
76-5-402.1
is amended to read:
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76-5-402.1. Rape of a child.
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(1) A person commits rape of a child when the person has sexual intercourse with a
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child who is under the age of 14.
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(2) Rape of a child is a first degree felony punishable by a term of imprisonment of:
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(a) except as provided in Subsection (2)(b), [(2)(c), or (3),] not less than [15] 25 years
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and which may be for life; or
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(b) [except as provided in Subsection (2)(c) or (3),] life without parole, if the trier of
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fact finds that:
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(i) during the course of the commission of the rape of a child, the defendant caused
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serious bodily injury to another; or
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[(c) life without parole, if the trier of fact finds that]
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(ii) at the time of the commission of the rape of a child the defendant was previously
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convicted of a grievous sexual offense.
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[(3) If, when imposing a sentence under Subsection (2)(a) or (b) a court finds that a
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lesser term than the term described in Subsection (2)(a) or (b) is in the interests of justice and
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states the reasons for this finding on the record, the court may impose a term of imprisonment

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of not less than:]
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[(a) for purposes of Subsection (2)(b), 15 years and which may be for life; or]
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[(b) for purposes of Subsection (2)(a) or (b):]
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[(i) ten years and which may be for life; or]
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[(ii) six years and which may be for life.]
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[(4) The provisions of Subsection (3) do not apply when a person is sentenced under
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Subsection (2)(c).]
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[(5)] (3) Imprisonment under this section is mandatory in accordance with Section
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76-3-406
.
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Section 4.
Section
76-5-402.3
is amended to read:
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76-5-402.3. Object rape of a child -- Penalty.
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(1) A person commits object rape of a child when the person causes the penetration or
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touching, however slight, of the genital or anal opening of a child who is under the age of 14 by
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any foreign object, substance, instrument, or device, not including a part of the human body,
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with intent to cause substantial emotional or bodily pain to the child or with the intent to arouse
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or gratify the sexual desire of any person.
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(2) Object rape of a child is a first degree felony punishable by a term of imprisonment
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of:
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(a) except as provided in Subsection (2)(b)[, (2)(c), or (3),] not less than [15] 25 years
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and which may be for life; or
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(b) [except as provided in Subsection (2)(c) or (3),] life without parole, if the trier of
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fact finds that:
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(i) during the course of the commission of the object rape of a child the defendant
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caused serious bodily injury to another; or
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[(c) life without parole, if the trier of fact finds that]
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(ii) at the time of the commission of the object rape of a child the defendant was
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previously convicted of a grievous sexual offense.
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[(3) If, when imposing a sentence under Subsection (2)(a) or (b), a court finds that a
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lesser term than the term described in Subsection (2)(a) or (b) is in the interests of justice and
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states the reasons for this finding on the record, the court may impose a term of imprisonment
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of not less than:]

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[(a) for purposes of Subsection (2)(b), 15 years and which may be for life; or]
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[(b) for purposes of Subsection (2)(a) or (b):]
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[(i) ten years and which may be for life; or]
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[(ii) six years and which may be for life.]
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[(4) The provisions of Subsection (3) do not apply when a person is sentenced under
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Subsection (2)(c).]
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[(5)] (3) Imprisonment under this section is mandatory in accordance with Section
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76-3-406
.
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Section 5.
Section
76-5-403.1
is amended to read:
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76-5-403.1. Sodomy on a child.
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(1) A person commits sodomy upon a child if the actor engages in any sexual act upon
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or with a child who is under the age of 14, involving the genitals or anus of the actor or the
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child and the mouth or anus of either person, regardless of the sex of either participant.
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(2) Sodomy upon a child is a first degree felony punishable by a term of imprisonment
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of:
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(a) except as provided in Subsection (2)(b), [(2)(c), or (3),] not less than [15] 25 years
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and which may be for life; or
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(b) [except as provided in Subsection (2)(c) or (3),] life without parole, if the trier of
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fact finds that:
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(i) during the course of the commission of the sodomy upon a child the defendant
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caused serious bodily injury to another; or
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[(c) life without parole, if the trier of fact finds that]
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(ii) at the time of the commission of the sodomy upon a child, the defendant was
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previously convicted of a grievous sexual offense.
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[(3) If, when imposing a sentence under Subsection (2)(a) or (b), a court finds that a
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lesser term than the term described in Subsection (2)(a) or (b) is in the interests of justice and
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states the reasons for this finding on the record, the court may impose a term of imprisonment
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of not less than:]
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[(a) for purposes of Subsection (2)(b), 15 years and which may be for life; or]
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[(b) for purposes of Subsection (2)(a) or (b):]
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[(i) ten years and which may be for life; or]

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[(ii) six years and which may be for life.]
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[(4) The provisions of Subsection (3) do not apply when a person is sentenced under
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Subsection (2)(c).]
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[(5)] (3) Imprisonment under this section is mandatory in accordance with Section
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76-3-406
.